Search for: "MATTER OF RULES OF EVIDENCE"
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15 Oct 2013, 6:00 am
In its Opinion, the court noted that the scope of the Defendant’s cross-examination of the Plaintiff’s expert doctor to show bias or interest based upon the doctor’s relationship with Plaintiff’s counsel was admissible under the Pennsylvania Rules of Evidence. [read post]
15 Oct 2013, 6:00 am
In its Opinion, the court noted that the scope of the Defendant’s cross-examination of the Plaintiff’s expert doctor to show bias or interest based upon the doctor’s relationship with Plaintiff’s counsel was admissible under the Pennsylvania Rules of Evidence. [read post]
10 Jul 2023, 11:15 am
It doesn’t matter because, under the rule of reason, the court made enough findings to demonstrate that Apple conduct was not anti-competitive. [read post]
25 Apr 2021, 1:42 pm
” 39.14 Requires Disclosure of Evidence Material to Any Matter Involved in the Matter The Court added: “The answer to that question turns upon whether these exhibits’ constitute or contain evidence material to any matter involved in the action. [read post]
4 Jan 2019, 4:00 am
DeStefano appealed the Supreme Court's ruling to the Appellate Division.The Appellate Division, noting that as a matter of procedure Supreme Court should have transferred the proceeding to the Appellate Division but as the complete record "is now before this Court," held that it would treat the matter as one that has been transferred here and will review the determination de novo. [read post]
4 Jan 2019, 4:00 am
DeStefano appealed the Supreme Court's ruling to the Appellate Division.The Appellate Division, noting that as a matter of procedure Supreme Court should have transferred the proceeding to the Appellate Division but as the complete record "is now before this Court," held that it would treat the matter as one that has been transferred here and will review the determination de novo. [read post]
21 Dec 2015, 5:00 am
In so ruling, the federal court asserted that a Plaintiff is not automatically entitled to discovery of a Defendant’s financial wealth simply by successful pleading a punitive damages claim. [read post]
8 Feb 2013, 4:00 am
Evidence that the employee was clearly aware of the employer’s policy defeats argument that the policy was not set out “in writing” Matter of Osborne (Commissioner of Labor), 2013 NY Slip Op 00370, Appellate Division, Third Department The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct. [read post]
26 Dec 2012, 9:04 am
It is not just a matter of substance but style as well. 803(6) is more than a rule to introduce documents. [read post]
23 Feb 2013, 5:33 am
We have had a detective admitting to stealing evidence from the evidence locker. [read post]
24 Jan 2012, 5:10 pm
The tripartite requirement inheres in the very concept of evidence and relevancy, he says, and although there are only a few evidentiary areas where the Federal Rules of Evidence and their state progeny specifically require something analogous to this requirement, he finds the requirement almost universally applied in trials across the country by judges' rulings (going by a variety of other names) and in decisions by parties about what evidence to… [read post]
18 Jun 2008, 2:06 pm
The answer comes from the Rules of Evidence, particularly Rule 403 and relevancy. [read post]
18 Jun 2008, 2:06 pm
The answer comes from the Rules of Evidence, particularly Rule 403 and relevancy. [read post]
2 Jul 2019, 5:30 am
Mangel, involving Facebook posts, the court noted that the evidence in this matter was properly admitted. [read post]
18 Dec 2012, 12:00 pm
At trial, the Supreme Court granted Swiss Ranch's motion, in effect, pursuant to CPLR 4401, made at the close of the evidence, for judgment as a matter of law on the cause of action alleging a violation of Labor Law § 240(1), and denied, in effect, the plaintiff's motion pursuant to CPLR 4401, made at the close of the evidence, for judgment as a matter of law on that cause of action. [read post]
24 Feb 2012, 11:25 am
But I think David misses the mark when he points to structural changes at banks as evidence of the Volcker rule’s effectiveness: And all the indicia, literally all of them - that investment banks are losing money, planning layoffs, and spinning off prop trading at the same time - suggest that regulatory reform, rather than being ignored, is substantially affecting the organization of financial intermediaries. [read post]
8 Sep 2022, 5:46 am
The NLRB summarizes it as:Under the proposed rule, two or more employers would be considered joint employers if they “share or codetermine those matters governing employees’ essential terms and conditions of employment,” such as wages, benefits and other compensation, work and scheduling, hiring and discharge, discipline, workplace health and safety, supervision, assignment, and work rules. [read post]
15 Feb 2016, 4:18 am
As an initial matter, the Court held that Rule 11 sanctions need not be based only upon a signed pleading, but could also be based upon continuing to prosecute a case after determining that the evidence did not support the claims. [read post]
14 Feb 2011, 7:19 am
The former rule 26 (1) required a party to list all documents “relating to every matter in question in the action. [read post]
2 May 2013, 6:00 am
Proposed changes to Rule 37 would require that, before imposing sanctions or an adverse jury instruction for failure to preserve evidence, a court would need to find “substantial prejudice” and that the failure was “willful or in bad faith,” or that the failure “irreparably deprived a party of any meaningful opportunity” to litigate the case. [read post]
